Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Supplemental Orders, 15167-15169 [2012-6183]
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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices
uncommon,7 and provide means by
which venues such as Phlx may
compete more effectively with listing
venues such as NYSE.
Finally, Phlx notes that it operates in
a highly competitive market in which
market participants can readily favor
competing venues if they deem fee
levels at a particular venue to be
excessive. In such an environment, Phlx
must continually adjust its fees to
remain competitive with other
exchanges and with alternative trading
systems that have been exempted from
compliance with the statutory standards
applicable to exchanges. Phlx believes
that the proposed rule change reflects
this competitive environment because it
is designed to create pricing incentives
for trading Tape A Securities through
PSX.
whether the proposed rule should be
approved or disapproved.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
Phlx does not believe that the
proposed rule change will result in any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
Because the market for order execution
is extremely competitive, members may
readily opt to disfavor Phlx’s execution
services if they believe that alternatives
offer them better value. The proposed
change is designed to enhance
competition by using pricing incentives
to encourage trading of Tape A
Securities through PSX.
Paper Comments
srobinson on DSK4SPTVN1PROD with NOTICES
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act.8 At any time
within 60 days of the filing of the
proposed rule change, the Commission
summarily may temporarily suspend
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act. If the Commission
takes such action, the Commission shall
institute proceedings to determine
7 See, e.g., Securities Exchange Act Release No.
66322 (February 3, 2012), 77 FR 6831 (February 9,
2012) (SR–NASDAQ–2012–020) (pricing incentives
focused on securities listed on exchanges other than
The NASDAQ Stock Market or NYSE).
8 15 U.S.C. 78s(b)(3)(A)(ii).
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19:41 Mar 13, 2012
Jkt 226001
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
No. SR–Phlx–2012–25 on the subject
line.
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File No.
SR–Phlx–2012–25. This file number
should be included on the subject line
if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of 10
a.m. and 3 p.m. Copies of such filing
also will be available for inspection and
copying at the principal office of the
Exchange. All comments received will
be posted without change; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File No. SR–Phlx–2012–
25 and should be submitted on or before
April 4, 2012.
PO 00000
Frm 00146
Fmt 4703
Sfmt 4703
15167
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–6184 Filed 3–13–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–66540; File No. SR–
NASDAQ–2012–031]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Relating to
Supplemental Orders
March 8, 2012.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on February
27, 2012, The NASDAQ Stock Market
LLC (‘‘NASDAQ’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the Exchange.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to introduce
the ‘‘Supplemental Order’’ for use on
NASDAQ. The text of the proposed rule
change is available on the Exchange’s
Web site at https://
nasdaq.cchwallstreet.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change. The text of
these statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant aspects of such
statements.
9 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\14MRN1.SGM
14MRN1
15168
Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
NASDAQ proposes to introduce a
new order type, to be known as the
‘‘Supplemental Order,’’ for use on
NASDAQ. The order type and its
associated execution process are
virtually identical to the ‘‘Tracking
Order’’ and ‘‘Tracking Order Process’’
that have long been in use at
NYSEArca.3 The purpose of the order is
to offer institutional investors and other
traders that have longer trading horizons
a means to post stable trading interest
executable at the national best bid or
best offer (‘‘NBBO’’). The Exchange
believes that if the Supplemental Order
becomes widely used, market
participants seeking to access liquidity
will more readily direct their orders to
NASDAQ, because they will have a
heightened expectation of the
availability of liquidity at the NBBO.
Supplemental Orders are NonDisplayed limit orders that are available
for execution only between 9:30 a.m.
and 4 p.m., and that are not eligible for
participation in the Nasdaq Opening
Cross, the Nasdaq Halt Cross, the
Nasdaq Imbalance Cross, or the Nasdaq
Closing Cross. All Supplemental Orders
must be entered with size of one or
more normal units of trading. Upon
entry in the Nasdaq Market Center
system, a Supplemental Order will
always post to the book and thereafter
become eligible for execution against
incoming orders in accordance with the
Nasdaq Market Center’s Supplemental
Process.
An incoming order that has been
designated as eligible for routing may
interact with Supplemental Orders.4
Such an order will first be matched
against orders other than Supplemental
Orders in accordance with Rule
4757(a)(1)(A) through (C). If any of the
order remains unexecuted, it will enter
the Supplemental Process before being
routed to other venues. In the process,
the order will be matched against
Supplemental Order(s) in price/time
priority. However, executions will be
permitted to occur only at the NBBO,
3 See
NYSEArca Rules 7.31(f) and 7.37(c).
that are not designated for routing are
not executable against Supplemental Orders,
because market participants entering non-routable
orders either expect to post liquidity on NASDAQ,
or seek to execute against the NASDAQ displayed
quote, as through an Immediate or Cancel order
type. By contrast, the Supplemental Order is
designed to interact with market participants that
seek to access liquidity at the NBBO, and that
employ routable orders to access such liquidity at
a range of trading venues.
srobinson on DSK4SPTVN1PROD with NOTICES
4 Orders
VerDate Mar<15>2010
19:41 Mar 13, 2012
Jkt 226001
and only if the size of the incoming
order is less than or equal to the
aggregate size of Supplemental Order
interest available at the price of the
order. A Supplemental Order may not
trade through a Protected Quotation,
and will not be permitted to execute if
the NBBO is locked or crossed.
Supplemental Orders post to the
book, rather than interacting with
resting orders before posting, because
the market participant entering a
Supplemental Order is willing to cede
execution priority in order to provide
liquidity to those orders that are eligible
to enter into the Supplement Order
process (i.e., orders that seek to access
liquidity at the NBBO). NYSEArca
Tracking Orders are similarly designed
to post to the book in all circumstances.
If a Supplemental Order is not
executed in full, the remaining portion
of the order shall continue to repost in
the Supplemental Process until the
order is fully executed, the order is
cancelled by the member that entered
the order, or the size of the order is
reduced to less than one normal unit of
trading (in which case the remaining
order will be cancelled by the System).
Supplemental Orders may be entered at
any time between 7 a.m. and 4 p.m., but
are available for potential execution
only between 9:30 a.m. and 4 p.m. Any
Supplemental Orders still on the book
after 4 p.m. will be cancelled.
In addition to adding descriptions of
the Supplemental Order and its
associated execution process to Rules
4751 and 4757, NASDAQ is also
proposing to make conforming changes
to Rule 4755, and to correct several
minor typographical errors in Rule
4757.
2. Statutory Basis
NASDAQ believes that the proposed
rule change is consistent with the
provisions of Section 6 of the Act,5 in
general, and with Section 6(b)(5) of the
Act,6 in particular, in that the proposal
is designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
regulating, clearing, settling, processing
information with respect to, and
facilitating transactions in securities, to
remove impediments to and perfect the
mechanism of a free and open market
and a national market system, and, in
general, to protect investors and the
public interest. Specifically, NASDAQ
believes that the proposed rule change
will promote the interests of retail and
5 15
6 15
PO 00000
U.S.C. 78f.
U.S.C. 78f(b)(5).
Frm 00147
Fmt 4703
institutional investors and other
investors with longer term trading
horizons by (i) offering liquidity
providers a means to use NASDAQ to
post larger limit orders that are only
executable at the NBBO and that do not
disclose their trading interest to other
market participants in advance of
execution, and (ii) offering market
participants seeking to access liquidity
a greater expectation of market depth at
the NBBO than may currently be the
case.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
NASDAQ does not believe that the
proposed rule change will result in any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
The proposed change will allow
NASDAQ to offer functionality that is
similar to functionality already offered
by NYSEArca, and will therefore
promote competition between
exchanges.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The proposed rule change is effective
upon filing pursuant to Section
19(b)(3)(A) of the Act 7 and paragraph
(f)(6) of Rule 19b–4 thereunder,8 in that
the proposed rule change: (i) Does not
significantly affect the protection of
investors or the public interest; (ii) does
not impose any significant burden on
competition; and (iii) does not become
operative for 30 days after the date of
the filing, or such shorter time as the
Commission may designate if consistent
with the protection of investors and the
public interest; provided the selfregulatory organization has given the
Commission written notice of its intent
to file the proposed rule change, along
with a brief description and text of the
proposed rule change, at least five
business days prior to the date of filing
of the proposed rule change, or such
shorter time as designated by the
Commission. NASDAQ provided the
Commission with such written notice
on February 8, 2012. NASDAQ proposes
to implement the proposed rule change
on a date that is on, or shortly after, the
30th day following the date of the filing.
7 15
8 17
Sfmt 4703
E:\FR\FM\14MRN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
14MRN1
Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices
NASDAQ believes that the proposed
rule change does not significantly affect
the protection of investors or the public
interest, and does not impose any
significant burden on competition
because (i) the proposal seeks to
enhance market quality by providing a
means to encourage market participants
to offer greater liquidity at the NBBO,
and (ii) the proposal enhances
NASDAQ’s ability to compete with
comparable functionality that is already
being offered by NYSEArca.
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official
business days between the hours of 10
a.m. and 3 p.m. Copies of such filing
also will be available for inspection and
copying at the principal office of the
Exchange. All comments received will
be posted without change; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File No. SR–NASDAQ–
2012–031 and should be submitted on
or before April 4, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–6183 Filed 3–13–12; 8:45 am]
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–NASDAQ–2012–031 on the
subject line.
srobinson on DSK4SPTVN1PROD with NOTICES
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Modify
Connectivity Options and Fees
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–NASDAQ–2012–031. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro/shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
VerDate Mar<15>2010
19:41 Mar 13, 2012
Jkt 226001
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–66542; File No. SR–BX–
2012–012]
March 8, 2012.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on March 2,
2012, The NASDAQ OMX BX, Inc.
(‘‘BX’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II,
which Items have been prepared by the
Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to modify
Exchange connectivity options and fees.
The text of the proposed rule change is
available at https://
nasdaqomxbx.cchwallstreet.com/, at the
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
Frm 00148
Fmt 4703
Exchange’s principal office, and at the
Commission’s Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in Sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to modify
Rule 7034(b) regarding connectivity to
The NASDAQ Stock Market LLC
(‘‘NASDAQ’’).3 Specifically, the
Exchange proposes to (i) establish a
connectivity fee for a 40Gb enhanced
bandwidth option; and (ii) provide a
waiver of installation fees for upgrades.
Enhanced Bandwidth Option
The Exchange currently offers various
bandwidth options for connectivity to
the Exchange, including a 10Gb fiber
connection, a 1Gb copper connection,
and a 100 MB connection.4 In keeping
with changes in technology, the
Exchange now proposes to provide an
enhanced bandwidth option to enable
its clients a more efficient connection to
the Exchange. The Exchange proposes a
40G [sic] fiber connection with a onetime installation fee of $1,500, and a
per-month connectivity fee of $15,000.
The growth in the size of consolidated
and proprietary data feeds has resulted
in demand for higher bandwidth. As the
number of feeds available and the size
of the feeds increases, the bandwidth
required for market data feeds steadily
rises. The Exchange’s proposal provides
the co-located client the option to select
the bandwidth that is appropriate for
the firm’s current needs and enables it
to add or change services as its needs
change.
Waiver of Installation Fees
The Exchange also proposes to
provide a waiver of the installation fees
3 All co-location services are provided by
NASDAQ Technology Services LLC.
4 See Exchange Rule 7034(b), Connectivity to
Nasdaq.
9 17
PO 00000
15169
Sfmt 4703
E:\FR\FM\14MRN1.SGM
14MRN1
Agencies
[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Notices]
[Pages 15167-15169]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6183]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-66540; File No. SR-NASDAQ-2012-031]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Supplemental Orders
March 8, 2012.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 27, 2012, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
The Exchange proposes to introduce the ``Supplemental Order'' for
use on NASDAQ. The text of the proposed rule change is available on the
Exchange's Web site at https://nasdaq.cchwallstreet.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
[[Page 15168]]
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
NASDAQ proposes to introduce a new order type, to be known as the
``Supplemental Order,'' for use on NASDAQ. The order type and its
associated execution process are virtually identical to the ``Tracking
Order'' and ``Tracking Order Process'' that have long been in use at
NYSEArca.\3\ The purpose of the order is to offer institutional
investors and other traders that have longer trading horizons a means
to post stable trading interest executable at the national best bid or
best offer (``NBBO''). The Exchange believes that if the Supplemental
Order becomes widely used, market participants seeking to access
liquidity will more readily direct their orders to NASDAQ, because they
will have a heightened expectation of the availability of liquidity at
the NBBO.
---------------------------------------------------------------------------
\3\ See NYSEArca Rules 7.31(f) and 7.37(c).
---------------------------------------------------------------------------
Supplemental Orders are Non-Displayed limit orders that are
available for execution only between 9:30 a.m. and 4 p.m., and that are
not eligible for participation in the Nasdaq Opening Cross, the Nasdaq
Halt Cross, the Nasdaq Imbalance Cross, or the Nasdaq Closing Cross.
All Supplemental Orders must be entered with size of one or more normal
units of trading. Upon entry in the Nasdaq Market Center system, a
Supplemental Order will always post to the book and thereafter become
eligible for execution against incoming orders in accordance with the
Nasdaq Market Center's Supplemental Process.
An incoming order that has been designated as eligible for routing
may interact with Supplemental Orders.\4\ Such an order will first be
matched against orders other than Supplemental Orders in accordance
with Rule 4757(a)(1)(A) through (C). If any of the order remains
unexecuted, it will enter the Supplemental Process before being routed
to other venues. In the process, the order will be matched against
Supplemental Order(s) in price/time priority. However, executions will
be permitted to occur only at the NBBO, and only if the size of the
incoming order is less than or equal to the aggregate size of
Supplemental Order interest available at the price of the order. A
Supplemental Order may not trade through a Protected Quotation, and
will not be permitted to execute if the NBBO is locked or crossed.
---------------------------------------------------------------------------
\4\ Orders that are not designated for routing are not
executable against Supplemental Orders, because market participants
entering non-routable orders either expect to post liquidity on
NASDAQ, or seek to execute against the NASDAQ displayed quote, as
through an Immediate or Cancel order type. By contrast, the
Supplemental Order is designed to interact with market participants
that seek to access liquidity at the NBBO, and that employ routable
orders to access such liquidity at a range of trading venues.
---------------------------------------------------------------------------
Supplemental Orders post to the book, rather than interacting with
resting orders before posting, because the market participant entering
a Supplemental Order is willing to cede execution priority in order to
provide liquidity to those orders that are eligible to enter into the
Supplement Order process (i.e., orders that seek to access liquidity at
the NBBO). NYSEArca Tracking Orders are similarly designed to post to
the book in all circumstances.
If a Supplemental Order is not executed in full, the remaining
portion of the order shall continue to repost in the Supplemental
Process until the order is fully executed, the order is cancelled by
the member that entered the order, or the size of the order is reduced
to less than one normal unit of trading (in which case the remaining
order will be cancelled by the System). Supplemental Orders may be
entered at any time between 7 a.m. and 4 p.m., but are available for
potential execution only between 9:30 a.m. and 4 p.m. Any Supplemental
Orders still on the book after 4 p.m. will be cancelled.
In addition to adding descriptions of the Supplemental Order and
its associated execution process to Rules 4751 and 4757, NASDAQ is also
proposing to make conforming changes to Rule 4755, and to correct
several minor typographical errors in Rule 4757.
2. Statutory Basis
NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\5\ in general, and with Section
6(b)(5) of the Act,\6\ in particular, in that the proposal is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. Specifically, NASDAQ
believes that the proposed rule change will promote the interests of
retail and institutional investors and other investors with longer term
trading horizons by (i) offering liquidity providers a means to use
NASDAQ to post larger limit orders that are only executable at the NBBO
and that do not disclose their trading interest to other market
participants in advance of execution, and (ii) offering market
participants seeking to access liquidity a greater expectation of
market depth at the NBBO than may currently be the case.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f.
\6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. The proposed change
will allow NASDAQ to offer functionality that is similar to
functionality already offered by NYSEArca, and will therefore promote
competition between exchanges.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The proposed rule change is effective upon filing pursuant to
Section 19(b)(3)(A) of the Act \7\ and paragraph (f)(6) of Rule 19b-4
thereunder,\8\ in that the proposed rule change: (i) Does not
significantly affect the protection of investors or the public
interest; (ii) does not impose any significant burden on competition;
and (iii) does not become operative for 30 days after the date of the
filing, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest;
provided the self-regulatory organization has given the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. NASDAQ
provided the Commission with such written notice on February 8, 2012.
NASDAQ proposes to implement the proposed rule change on a date that is
on, or shortly after, the 30th day following the date of the filing.
[[Page 15169]]
NASDAQ believes that the proposed rule change does not significantly
affect the protection of investors or the public interest, and does not
impose any significant burden on competition because (i) the proposal
seeks to enhance market quality by providing a means to encourage
market participants to offer greater liquidity at the NBBO, and (ii)
the proposal enhances NASDAQ's ability to compete with comparable
functionality that is already being offered by NYSEArca.
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\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 17 CFR 240.19b-4(f)(6).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NASDAQ-2012-031 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NASDAQ-2012-031. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/rules/sro/shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-NASDAQ-2012-031 and should be
submitted on or before April 4, 2012.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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\9\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-6183 Filed 3-13-12; 8:45 am]
BILLING CODE 8011-01-P